San Jose's mayor and members of the City Council called for the resignation of a gay San Jose elected official who is under criminal investigation after he admitted in a text message to performing oral sex on a 17-year-old. District 3 City Councilmember Omar Torres has not been arrested or charged with any crime.
In a joint statement October 16, Mayor Matt Mahan and the nine other councilmembers stated that though "we all live in a nation in which we are innocent until proven guilty," Torres "has lost the trust of the community and is no longer able to effectively serve the residents of District 3."
"As his own words call into question his ability to lead and make decisions on the behalf of the community, we are calling on him to resign," the statement ends.
Torres' attorney, Nelson McElmurry, didn't immediately return a request for comment from the Bay Area Reporter.
An email was sent earlier the same day from "your D3 staff" telling recipients "please don't hesitate to contact us anytime. You can reach us."
"Our office is, and always will be, a resource you can rely on," the email states. "We are ready to listen, assist, and take action on your behalf."
The B.A.R. called the District 3 office to ask what the meaning of the email was. The person who answered the phone stated "we're not commenting on anything," and abruptly hung up the phone.
Torres, 43, represents downtown San Jose and the Qmunity District, the city's LGBTQ neighborhood. Last week, the San Jose Police Department confirmed it was investigating Torres on suspicion of seeking sexually explicit pictures of a minor online. For his part, the councilmember said the allegations were "entirely false" and part of a blackmail scheme waged against him by a Chicago man he had met online.
Then, on October 10, San Jose police released an affidavit. The affidavit is expected to be used to establish probable cause for a search warrant on Torres, reported San Jose Spotlight.
The name of the police officer who signed the affidavit is redacted, but they stated they are currently assigned to the San Jose Police Department Child Exploits Detail/Internet Crimes Against Children Task Force. They stated that Torres claimed Terry Beeks, a 21-year-old Chicagoan, had extorted him for $2,500, threatening to release nude photos and videos of the councilmember if he did not pay Beeks, according to the affidavit.
Torres did pay the cash — on that occasion and others, according to investigators. The alleged extortion occurred after Torres made an in-person visit to Beeks during the Democratic National Convention, which was held in Chicago in August, "to discuss their ongoing relationship and find closure."
A subsequent interview with police revealed Torres and Beeks had a virtual sexual relationship for years, and Torres admitted he'd sent $22,000 over that time to prevent texts and pictures from being leaked.
"Beeks texts the victim [Torres] 'How if I send your nudes out' 'They see how small your dick is an [sic] really laughing,'" the affidavit states.
In the course of the investigation, the Chicago Police Department executed a search warrant on Beeks, according to the affidavit, which states that Beeks told police he and Torres met on social media three to four years prior, and that Torres "sent him [Beeks] a photo of a younger kid that Torres said was autistic. Beeks stated Torres sent text messages talking about the minor's penis size and pubic hair. Beeks also stated Torres had asked him about finding minors."
Another warrant revealed that Beeks and Torres began interacting on Snapchat in 2022, where Torres paid Beeks for masturbation videos. The warrant also revealed text exchanges, such as one on February 24, 2022, when Torres, who does not have a son, sent an image of an 11-year-old who the councilmember stated was his '"autistic son" and stated "he is like daddy lol he already has a big penis haha."
On March 10, 2022, the two were discussing the penis sizes of Black men — "every black I have sucked had a huge dick," the councilmember stated, continuing that "when I worked at a site at a college I sucked a student in the control room. Black 17 year old and boom. 9.5 inches at 17," according to the affidavit.
Another time Torres asked, "U got any homies under 18." In California, the age of consent for sex is 18.
"I want hella homies u Will see im wild in bed," Torres continued.
In a statement posted to Instagram October 4, Torres claimed he was "wrongfully detained by detectives regarding baseless accusations" and that "I want to be clear that I am the victim in this matter."
"While these attempts to discredit me are deeply troubling, they will not deter my commitment to you and our community," he stated. "Rest assured, I will continue to serve this community with integrity and determination."
McElmurry issued a statement maintaining his client's innocence.
"The content referenced in the affidavit pertains solely to private communications between adults of age that involved talk of outrageous fantasy and role play," McElmurry stated. "Under the guise of eroticism, he would insist on discussing topics related to my client's interest in the young man's age group and continued pushing the boundaries until my client felt compelled to reciprocate the talk as part of the role-play scenario."
Elected in 2022, Torres is the first gay person of color to serve on the San Jose City Council, and only its second out councilmember. A longtime political aide in the South Bay and Democratic Party leader, Torres previously served as an elected member of the board of the San Jose Evergreen Community College District.
The San Jose Police Officers Association called on Torres to resign in a statement October 10, stating he must "face the consequences for his alleged wretched behavior that includes exploiting children for sex, paying hush money to cover it up, and detailing his sexual exploits with an autistic child. He must resign, and this investigation must also focus on Torres' colleagues and on city management and seek the answers to these questions 'who knew and when did they know it.'"
Last week Mahan, a straight ally, told KTVU-TV that the police department was working hard to find the truth, but did not elaborate.
Mahan had stated to the B.A.R. Tuesday, October 15, that he's "shocked and sickened" by what he read in the affidavit.
"These allegations are extremely serious and, if proven true, the councilmember needs to be held accountable to the fullest extent of the law," Mahan stated in an email. "This is still an active investigation and I trust our criminal justice system to determine the full truth."
Qmunity District and Silicon Valley Pride officials declined to comment.
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